Pure Business, Law Enforcement or Sheer Politics? The EU’s WTO Complaints against Chinese Export Restrictions on Raw Materials. EU Diplomacy Paper 06/2013

In light of the growing international competition among states and globally operating companies for limited natural resources, export restrictions on raw materials have become a popular means for governments to strive for various goals, including industrial development, natural resource conservation and environmental protection. For instance, China as a major supplier of many raw materials has been using its powerful position to both economic and political ends. The European Union (EU), alongside economic heavyweights such as the US, Japan and Mexico, launched two high-profile cases against such export restrictions by China at the WTO in 2009 and 2012. Against this background, this paper analyses the EU’s motivations in the initiation of trade disputes on export restrictions at WTO, particularly focusing on the two cases with China. It argues that the EU's WTO complaints against export restrictions on raw materials are to a large extent motivated by its economic and systemic interests rather than political interests. The EU is more likely to launch a WTO complaint, the stronger the potential and actual impact on its economy, the more ambiguous the WTO rules and the stronger the internal or external lobbying by member states or companies. This argumentation is based on the analysis of pertinent factors such as the economic impact, the ambiguity of WTO law on export restrictions and the pressure by individual member states on the EU as well as the role of joint complaints at the WTO and political considerations influencing the EU’s decision-making process.

An essential partner in the background. Europe in China's policy during the rule of Xi Jinping. OSW STUDIES 56 2016

Chinese elites do not treat Europe as an equal partner and are convinced that China holds the upper hand over Europe. They see a growing asymmetry in bilateral relations. China’s sense of its own potential is boosted by internal divisions within the European Union. At the same time, Europe is China’s key economic partner and an ‘economic pillar’ supporting China’s growth on the international stage. Beijing strives to maintain Europe’s open attitude towards the Chinese economy, in particular its exports, technology transfer to China, location of investments and diversification of China’s currency reserves. Cooperation with Europe and support from Europe are necessary to enable China to improve its position in the international economic and financial system, mainly in order to legitimise China’s actions in the area of multilateralism and global governance. Similarly, Beijing attaches great importance to maintaining Europe’s non-involvement in two issues: China’s core interests and Chinese-American relations.